[Federal Register Volume 79, Number 241 (Tuesday, December 16, 2014)]
[Notices]
[Pages 74810-74811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29404]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA--2014-0129]


Notice of Buy America Waiver

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Notice of Buy America waiver.

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SUMMARY: This notice provides NHTSA's finding with respect to a request 
from the Texas Department of Transpiration, Traffic Safety Section 
(TxDOT) to waive the requirements of Buy America. NHTSA finds that a 
cost waiver of the Buy America requirements is appropriate for TxDOT to 
purchase Light-Up Magnifier Loupes using Federal highway safety grant 
funds because the cost of domestically produced products is twenty-five 
percent more than the cost of the foreign-made products.

DATES: The effective date of this waiver is December 26, 2014. Written 
comments regarding this notice may be submitted to NHTSA and must be 
received on or before: December 31, 2014.

ADDRESSES: Written comments may be submitted using any one of the 
following methods:
     Mail: Docket Management Facility, M-30, U.S. Department of 
Transportation, West Building, Ground Floor, Rm. W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Fax: Written comments may be faxed to (202) 493-2251.
     Internet: To submit comments electronically, go to the 
Federal regulations Web site at http://www.regulations.gov. Follow the 
online instructions for submitting comments.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. Eastern Time, 
Monday through Friday, except Federal holidays.
    Instructions: All comments submitted in relation to this waiver 
must include the agency name and docket number. Please note that all 
comments received will be posted without change to http://www.regulations.gov, including any personal information provided. You 
may also call the Docket at 202-366-9324.

FOR FURTHER INFORMATION CONTACT: For program issues, contact Barbara 
Sauers, Office of Regional Operations and Program Delivery, NHTSA 
(phone: 202-366-0144). For legal issues, contact Andrew DiMarsico, 
Office of Chief

[[Page 74811]]

Counsel, NHTSA (phone: 202-366-5263). You may send mail to these 
officials at the National Highway Traffic Safety Administration, 1200 
New Jersey Avenue SE., Washington, DC 20590.

SUPPLEMENTARY INFORMATION: This notice provides NHTSA's finding that a 
waiver of the Buy America requirements, 23 U.S.C. 313, is appropriate 
for TxDOT to purchase of light-up magnifier loupes using grant funds 
authorized under 23 U.S.C. 405(d) (section 405). Section 405(d) funds 
are available for use by State highway safety programs to support 
effective programs to reduce driving under the influence of alcohol, 
drugs, or the combination of alcohol and drugs, including enforcement 
efforts. 23 U.S.C. 405(d).
    Buy America provides that NHTSA ``shall not obligate any funds 
authorized to be appropriated to carry out the Surface Transportation 
Assistance Act of 1982 (96 Stat. 2097) or [Title 23] and administered 
by the Department of Transportation, unless steel, iron, and 
manufactured products used in such project are produced in the United 
States.'' 23 U.S.C. 313. However, NHTSA may waive those requirements if 
``(1) their application would be inconsistent with the public interest; 
(2) such materials and products are not produced in the United States 
in sufficient and reasonably available quantities and of a satisfactory 
quality; or (3) the inclusion of domestic material will increase the 
cost of the overall project contract by more than 25 percent.'' 23 
U.S.C. 313(b). In this instance, NHTSA has determined that a cost 
waiver is appropriate for the items that TxDOT seeks to purchase using 
Federal grant funds.
    TxDOT seeks a waiver to purchase 500 light-up magnifier loupes, 
with 15X power lens with ultra violet and LED lights (Item SKU:220-
Loupe 4) from Lightgod.com. These items are not made domestically and 
retail between $6.25-$7.00 each. The loupes are provided to law 
enforcement officers that complete training in the Focus on Reducing 
Impaired Driving Among Youth Program (FRIDAY) and Alcohol and Drug 
Abuse Prevention Training Program (ADAPT). According to TxDOT, both 
programs include a unit on the detection of altered and counterfeit 
identifications used by juveniles who commit alcohol-related crimes. 
The loupes are small and transportable and aid officers to detect 
counterfeit driver's licenses by highlighting and magnifying the micro-
printing and holograms that are present on a legal state driver's 
license.
    According to TxDOT, comparable domestic made loupes cost $31 per 
unit in small quantities or $20 per unit in bulk quantities, with both 
prices 25 percent more than the foreign made loupes than those made 
domestically.\1\ TxDOT evaluated the place of manufacture for other 
loupes, but TxDOT was unable to find any domestic made products that 
met its requirements. NHTSA conducted its own assessment \2\ and 
located one domestic manufacturer of loupes or pocket magnifiers. 
ElectroOptics Inc. offers lighted pocket magnifiers with a 
magnification range from 4X to 10X and unlighted jeweler loupes. 
However, these products do not appear as robust or have the same 
specifications required for use by TxDOT. Since it appears that loupes 
that meet the requirements identified by TxDOT for use by its police 
officers would cost more than 25 percent more than a domestic 
manufacturer, the Buy America waiver is appropriate. NHTSA invites 
public comment on this conclusion.
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    \1\ TxDOT did not identify the manufacturers of the domestic 
made loupes and NHTSA was unable to locate comparable domestic 
manufacturers offering loupes with the specifications identified by 
TxDOT.
    \2\ NHTSA conducted internet searches and reviewed several Web 
sites that catalog domestic made products: www.usaonly.us; 
www.americansworking.com; www.madeinamericaforever.com; and 
www.madeinusa.org.
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    In light of the above discussion, and pursuant to 23 U.S.C. 
313(b)(3), NHTSA finds that it is appropriate to grant a waiver from 
the Buy America requirements to TxDOT in order to purchase 500 light-up 
magnifier loupes, with 15X power lens with ultra violet and LED lights 
(Item SKU:220-Loupe 4) from Lightgod.com. This waiver applies to Texas 
and all other States seeking to use section 405(d) funds to purchase 
light-up magnifier loupes. This waiver will continue through fiscal 
year 2015 and will allow the purchase of these items as required for 
TxDOT. Accordingly, this waiver will expire at the conclusion of fiscal 
year 2015 (September 30, 2015). In accordance with the provisions of 
Section 117 of the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy of Users Technical Corrections Act 
of 2008 (Pub. L. 110-244, 122 Stat. 1572), NHTSA is providing this 
notice as its finding that a waiver of the Buy America requirements is 
appropriate for 500 light-up magnifier loupes identified above from 
Lightgod.com. Written comments on this finding may be submitted through 
any of the methods discussed above. NHTSA may reconsider these 
findings, if through comment, it learns of and can confirm the 
existence of a comparable domestically made product to the items 
granted a waiver.
    These findings should not be construed as an endorsement or 
approval of any products by NHTSA or the U.S. Department of 
Transportation. The United States Government does not endorse products 
or manufacturers.

    Authority: 23 U.S.C. 313; Pub. L. 110-161.

    Issued in Washington, DC, under authority delegated in 49 CFR 
part 1.95.
O. Kevin Vincent,
Chief Counsel.
[FR Doc. 2014-29404 Filed 12-15-14; 8:45 am]
BILLING CODE 4910-59-P